As used in this chapter, the following terms shall have the
meanings indicated:
PUBLIC AUCTION SALES
The offering for sale or selling of new goods, wares or merchandise
to the highest bidder or offering for sale or selling of new goods,
wares, or merchandise at a high price and then offering the same at
successive lower prices until a buyer is secured.
It shall be unlawful for any person, firm or corporation to
sell, dispose of, or offer for sale at public auction in the Village
of Adams any new goods, wares or merchandise, unless such person,
firm or corporation; or the owners of such new goods, wares, or merchandise
to be offered for sale or sold if such are not owned by the vendors,
shall have first secured a license as herein provided and shall have
complied with the other requirements of this chapter herein set forth,
or unless such person, firm or corporation shall have been in business
continuously in the Village of Adams as a wholesale or retail merchant
at the same location at which said auction is conducted for a period
of six months preceding such auction.
Any person, firm or corporation desiring to offer any new goods,
wares or merchandise for sale at public auction shall file application
for a license for that purpose with the Village Clerk. The application
shall be filed not less than 10 full days prior to the date the said
auction is to be held. The application shall state the following facts:
A. The name, residence, and post office address of the person, firm
or corporation making the application, and if a firm or corporation,
the name and address of the members of the firm, or officers of the
corporation, as the case may be.
B. The name, residence and post office address of the auctioneer who
will conduct such sale.
C. The dates on which said auction will be held.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The applicant desiring to file an application with the Clerk
for a license to conduct a public auction shall pay to the Village
Treasurer a license fee in an amount established by resolution of
the Board of Trustees.
Upon filing of such application and after the applicant has
established that he has fully complied with all the provisions of
this chapter, the Village Clerk shall issue to the applicant a license
authorizing the said applicant to conduct a public auction as proposed
in said application; such license shall not be transferable. No license
shall be good for more than one person, unless such persons shall
be copartners.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every person, firm, or corporation, either as principal or agent,
who shall in any manner engage in, or conduct a public auction sale
without having first obtained a license as hereinbefore provided,
or who shall knowingly advertise, represent, or hold forth any sale
of goods, wares, or merchandise to be conducted contrary to the provisions
of this chapter shall be deemed guilty of a violation of this chapter
and shall upon conviction thereof shall be punishable by a fine of
not more than $250, imprisonment for not more than 15 days, or both
such fine and imprisonment.
The provisions of this chapter shall not extend to the sale
at public auction of livestock, farm machinery or farm produce or
other items commonly sold at farm sales, and to auction sales under
the direction of any court or court officers as may be required by
law nor shall it apply to sales made to dealers by commercial travelers
or selling agents in the usual course of business nor to bona fide
sale of goods, wares, and merchandise by sample for future delivery,
or to sales made by sheriffs, constables or other public officers
selling goods, wares, and merchandise according to law, not to bona
fide assignees or receivers appointed in this state selling goods,
wares, and merchandise for the benefit of creditors.
If any section, subsection, paragraph, sentence, clause or phrase
of this chapter is for any reason held to be unconstitutional or invalid,
such constitutionality or invalidity shall not affect the constitutionality
or validity of the remaining portion or portions of the chapters.